1 Parents, Students and Schools as Partners Rights and Responsibilities in Special Education

2 The goal of this presentation is to provide information so that: z parents will understand their rights regarding special education; and z collaboration between family and school personnel will be enhanced; and z parents and school personnel will participate in special education matters as knowledgeable partners. Goal of Presentation

3 Special Education Laws  The Individuals with Disabilities Education Act -- also known as IDEA. Sometimes referred to as IDEA-04.  Massachusetts’ Special Education Law  Previously referred to as Chapter 766  Under the purview of The Department of Education  Governs much of what we do in special education

4 One Source of Information The Parent’s Rights Brochure

5 When is a student eligible for Special Education? A student is eligible if all three of the following are true: zThe student has one or more disabilities. zThe student is not making effective progress in school as a result of the disability(ies). zThe student requires special education in order to make effective progress.

6 Referring a student for an evaluation to determine eligibility z Parents, or other adults involved with the student can make a referral for an evaluation. z A referral can be made at any time. z A district may not refuse a referral in order to try other supportive services.

7 Types of Disabilities that may adversely affect educational progress 12 Different Types of Disabilities are defined in state and federal regulations 1. Autism 2. Developmental Delay 3. Intellectual Impairment 4. Sensory Impairment - Hearing Loss or Deafness 5. Sensory Impairment - Vision Loss or Blindness 6. Sensory Impairment - Deafblindness 7.Neurological Impairment 8. Emotional Impairment 9. Communication Impairment 10. Physical Impairment 11. Health Impairment 12. Specific Learning Disability

Special Education Special Education - is zspecially designed instruction to meet the unique needs of an eligible student, and/or zrelated services necessary to access and make progress in the general curriculum. 8

9 How quickly can I get services? z Consent to Evaluate 30 School Working Days (SWD) to Evaluate. z Team meeting to determine eligibility no later than 15 SWDs later. If eligible, development of IEP and determination of placement at that Team meeting. z Proposed IEP & Placement to parent. z Services upon parental consent.

10 The federal and state special education laws and the rights of parents and students in special education are grounded upon six basic principles. Six Basic Principles

11 The Six Principles 1. Parent and Student Participation 2. Free and Appropriate Public Education (FAPE) 3. Appropriate Evaluation 4. Individualized Education Program (IEP) 5. Least Restrictive Environment (LRE) 6. Procedural Safeguards

12 Principle #1 - Parent and Student Participation zParents have the right to participate in all special education planning and decision-making activities. zStudents are the focus of special education and, as they grow older, students are expected to participate in planning for their own future as much as possible. zIt is the obligation of the school district to make strong efforts, in multiple ways, to ensure parental and student participation.

13 Free and Appropriate Public Education. zFree = At no cost to the parent. zAppropriate = Services sufficient to enable the student to appropriately progress in education and advance toward achieving the IEP goals. zPublic = Provided by the public school district or under the direction of the public school district. zEducation = Preschool, elementary and secondary education, including extra-curricular and non- academic school activities. Principle #2 - FAPE

14 Principle #2 - FAPE (continued) What is the General Curriculum? zThe same curriculum as students without disabilities receive. zIncluding all Massachusetts Curriculum Frameworks - in particular, English Language Arts, Math, Science & Technology, and History and Social Science

15 Principle #3 - Appropriate Evaluation zInitial evaluation z3 year re-evaluation zIndividualized assessments zNon-discriminatory assessments zIncludes a variety of tools and strategies, including information provided by the parent

16 zWritten information on the parent’s concerns and the student’s skills. zA written explanation of how the disability affects the student’s ability to learn and to demonstrate his or her learning. zAn identification of specific, measurable goals which can be reached in a year’s time. zA listing of the services to be provided to the student. Principle #4 - Individualized Education Program (IEP)

17 Principle #5 - Least Restrictive Environment (LRE) LRE means that to the maximum extent appropriate, students with disabilities have the right to be educated in the general education environment & in the classroom they would have attended if they did not have disabilities. LRE means the student cannot be removed from the general education classroom solely because of needed curriculum modifications. LRE means that removal from the general education program occurs only if the nature or severity of the disability is such that education in general education classes with the use of supplementary aids and services cannot be satisfactorily achieved.

18 Principle #6 - Procedural Safeguards zRight to written notice zRight to consent/refuse zRight to “stay put” zProblem Resolution System zMediation and Due Process zTimelines zConfidential records zRight to receive evaluations 2 days in advance of Team meeting, if requested

19 Massachusetts House Bill #391 zAn Act to Provide Access to Information For Parents’ Evaluators